RULE 3.4. PRIVACY PROTECTION FOR FILINGS MADE WITH
THE COURT (a) Redacted Filings. Unless the court orders otherwise, in an electronic or paper
filing with
the court that contains an individual's social-security number, taxpayer-identification
number, or birth date, the name of an individual known to be a minor, a financial-account
number, or, in a criminal case, the home street address of an individuala witness or juror,
a party or nonparty making the filing must include only:

(1) the last four digits of the social-security number and taxpayer-identification number;

(2) the year of the individual's birth;

(3) the minor's initials;

(4) the last four digits of the financial-account number; and

(5) in a criminal case, the city and state of the home address of a witness or juror.

(b) Exemptions from the Redaction Requirement. The redaction requirement does not apply
to the following:

(1) a financial-account number or real property address that identifies the property
allegedly
subject to forfeiture in a forfeiture proceeding;

(2) the record of an administrative or agency proceeding;

(3) the record of a court or tribunal, if that record was not subject to the redaction
requirement when originally filed;

(4) a filing covered by Rule 3.4(c);

(5) a court filing that is related to a criminal matter and that is prepared before the filing of
a criminal charge or is not filed as part of any docketed criminal case; and

(6) an arrest or search warrant; and

(7) a charging document and an affidavit filed in support of a charging
document.

(c) Filings Made Under Seal. The court may order that a filing be made under seal without
redaction. The court may later unseal the filing or order the person who made the filing to
file a redacted version for the public record.

(d) Protective Orders. For good cause, the court may by order in a case:

(1) require redaction of additional information; or

(2) limit or prohibit a nonparty's remote electronic access to a document filed with the
court.

(e) Option for Additional Unredacted Filing Unredacted
Document Under Seal. A person
making a redacted filing a redacted document may also file an
unredacted copyversion of
the document under seal. The court must retain the unredacted copydocument as part of the
record.

(f) Option for Filing a Reference List.

(1) In General. A filing that contains redacted information may be filed together with a
reference list that identifies each item of redacted information and specifies an appropriate
identifier that uniquely corresponds to each item listed. The list must be filed under seal and
may be amended as of right. Any reference in the case to a listed identifier will be construed
to refer to the corresponding item of information.

(2) Defendant Information. In a criminal case, the prosecutor must file a reference list that
includes the defendant's social security number, birth date and street address.

(g) Non-conforming Documents.

(1) Waiver. A person waives the protection of Rule 3.4(a) as to the person's own
information by filing it without redaction and not under seal.

(2) Sanctions. If a party fails to comply with this rule, the court on motion
of another party
or its own motion, may order the pleading or other document to be reformed. If the order is
not obeyed, the court may order the document stricken.

Parties should limit the amount of protected information they include in court filings.
This
rule requires parties to redact protected information when its inclusion in a filing cannot be
avoided.

This rule's redaction requirements are intended to protect personal information from
public
disclosure. Redaction of documents filed in cases that are confidential by law or rule is not
required.

Documents containing unredacted protected information should be filed under
subdivision
(e) when a party is required by statute, policy or rule to include the protected information in
the document. For example, N.D.C.C. § 14-05-02.1 requires a divorce decree to contain
the social security numbers of the parties to the divorce. Under subdivision (e), a party to
a divorce case may comply with this statute and the redaction requirements of this rule by
filing a unredacted divorce decree under seal and a redacted version of the decree in the
public part of the file.